Judicial system in India

India’s judicial system is complex and multifaceted, reflecting the country’s diverse legal landscape and its constitutional framework. Here are some key features of the judicial system in India.

Check: Integrated Judicial System in India

Hierarchy of Court

Supreme Court (or Highest Court):

• This is the highest judicial authority in the country.
• It typically has the final say on matters of law and constitutionality.
• It may hear appeals from lower courts on matters of law.
• In some legal systems, it also has the power of judicial review, meaning it can review laws and actions of the executive and legislative branches to determine their constitutionality.

Check: Judicial Review in India

Appellate or High Courts:

• These are courts of appeals that hear cases appealed from lower courts.
• They generally review decisions made by lower courts to ensure proper application of the law.
• Depending on the legal system, they may have jurisdiction over specific regions or types of cases.

Check: Police Reforms In India – Challenges and Committee

Intermediate Courts:

• These courts may go by different names depending on the country, such as circuit courts or district courts.
• They handle a wide range of cases, both civil and criminal.
• They often serve as the primary trial courts for cases that do not fall under the jurisdiction of specialized courts (e.g., family courts, tax courts).

Specialized Courts:

• These courts are created to handle specific types of cases or legal matters.
• Examples include family courts, tax courts, labor courts, environmental courts, etc.
• They have expertise in their respective areas of law and may have specialized procedures.

Lower Courts:

• These are typically trial courts of limited jurisdiction.
• They handle minor criminal cases, civil disputes involving smaller amounts of money, and other matters.
• They may include municipal courts, magistrate courts, or other local courts.

Check: Role of Judiciary in India

The Indian judiciary is regarded as one of the strongest judiciaries in the entire world. The structure of the Indian judiciary is provided by the Constitution of India, and it also serves as a watchdog of the Indian Constitution and defends fundamental rights.

As India uses the oldest legal system which retains many of the characteristics that the British judicial system left behind. It adheres to the “common law system” of legal jurisdiction; common law is the body of law created by judges and it controls subsequent judgments. 

However, there are some intrinsic issues with our legal and judicial system, which expose its flaws and shortcomings and call for quick adjustments and accountability. There are seven times more judges per 100,000 persons in the USA than in India.

The criminal cases in India would take more than 30 years to resolve and civil cases would never be resolved at the current rate of disposition. Some of the major challenges faced by the Indian Judicial system are: